Bank of America to pay $42 million to NY over electronic trading probe

As part of settlement, bank admits it inflated claims about number of retail orders routed to its dark pool, called "Instinct X."
MAR 23, 2018

Bank of America Corp.'s corporate and investment banking division agreed to pay $42 million to settle a New York state probe into a so-called masking scheme in which it misled clients about who was seeing and filling their orders and who was trading in its dark pool. Bank of America Merrill Lynch for years, starting in 2008, had trading agreements with electronic liquidity providers such as Citadel Securities, Knight Capital and Madoff Securities that were hidden from customers, Attorney General Eric Schneiderman said Friday in a statement. The bank's behavior made its electronic trading services appear safer and more sophisticated than they really were, he said. The bank "systematically concealed from its clients over a five-year period that it was secretly routing its clients' orders for equity securities to such firms for execution," Schneiderman said. It used the masking strategy for more than 16 million client orders between 2008 and 2013, representing more than 4 billion traded shares, the attorney general said. The bank began addressing what it describes as a communications issue with its institutional clients around 2013, Bank of America spokesman Bill Halldin said in a statement. "The settlement primarily relates to conduct that occurred as long as 10 years ago," Halldin said. "At all times we met our obligation to deliver the best prices to clients." Regulators have been taking a closer look at how brokers make decisions about where to send client orders, with dark pool private trading platforms coming under greater scrutiny in particular. The European Union's top markets regulator has been clamping down too, banning hundreds of stocks from trading on dark pools just this month in a drive for greater transparency. In January 2015, UBS Group AG was fined more than $14 million by the U.S. Securities and Exchange Commission for failing to provide adequate information about how its dark pool operated. A year later Schneiderman reached a $35 million settlement with Barclays Plc, with the bank admitting it violated securities laws and agreeing to install an independent monitor. Credit Suisse Group AG agreed to pay the attorney general $30 million over misrepresentations the bank made to clients about its dark pool, then the biggest in the U.S. In 2016 Deutsche Bank AG entered into a deal to pay a $37 million fine to settle a state and federal probe for mishandling client orders in its dark pool. Independent broker Investment Technology Group Inc. paid a $20.3 million penalty for allegedly having run a proprietary trading desk that used knowledge of customers' requests to trade for its own benefit. Under Friday's deal, Bank of America Merrill Lynch admitted it inflated claims about the amount of retail orders routed to and executed in its dark pool, called "Instinct X," according to the statement. The bank's marketing materials also boasted about its "strategic" and "tactical" trading algorithms used to route client orders on an "order by order" basis, when in reality the company didn't use such analysis, Schneiderman said. Crain's New York Business is a sister publication of InvestmentNews.

Latest News

Robinhood cuts 10% of staff despite record trading volumes
Robinhood cuts 10% of staff despite record trading volumes

CEO Vlad Tenev calls the proactive restructuring a bid to build a leaner team, coming as the brokerage rolled out its RIA referral program earlier this month.

Auto-enrollment, retirement plan adoption rates hit new highs in 2025, says Vanguard
Auto-enrollment, retirement plan adoption rates hit new highs in 2025, says Vanguard

The titanic asset manager's latest "How America Saves" shows wins in 401(k) plan design, employee participation, and savings rates, with dark spots in hardship withdrawals and company stock.

Advisor moves: LPL, UBS make billion dollar-plus advisor additions
Advisor moves: LPL, UBS make billion dollar-plus advisor additions

The independent brokerage giant welcomes a wealth planning team from Mass Mutual, while UBS reels in a Philadelphia-based endowment specialist.

Zocks launches agentic AI tool to surface growth gaps across advisor books
Zocks launches agentic AI tool to surface growth gaps across advisor books

Client Queries capability lets financial advisors identify untapped opportunities and service gaps using plain-language prompts in seconds

Lost in transition: Why family fortunes rarely survive the second generation, and what to do about it
Lost in transition: Why family fortunes rarely survive the second generation, and what to do about it

Beyond a legal risk management exercise, estate planning is a gateway conversation that connects generations and casts the advisor as a trusted guide.

SPONSORED Estate planning isn't a service add-on. It's your retention strategy.

As $84 trillion prepares to change hands, advisors who treat estate planning as peripheral are quietly building a sieve, not a book.

SPONSORED Why strategy matters more than performance

In volatile markets, the advisors who win aren't the ones with the best calls - they're the ones whose clients stay the course.